Customary laws Flashcards
Define customary law
principles and procedures that have developed through general usage by people of nations and can be integrated into Australian law
State the diversity of ATSI laws
it has a spiritual basis, is orally based, based on rituals and traditions, kinship and family, mediation and sanctions and the significance of land and water.
Elaborate on spiritual basis
It tells people how they should behave and has strong elements of religion.
Elaborate on significance of land and water
respect and appreciation for land and bodies of water, forms a spiritual basis for their customary law.
What is an example of customary law?
Circle sentencing and the recognition of Aboriginal customary law report 1986.
Elaborate on family and kinship
family relationships and extended family ties, most of their customary laws relate to family and kinship.
Elaborate on rituals and oral traditions
Stories, songs and dances were used to help people remember and preserve the laws of their group, oral traditions pass down stories by word of mouth from generation to generation.
What is mediation?
a procedure in which the parties discuss their disputes with the assistance of a trained impartial person who assists them in reaching a settlement.
List some sanctions used in ATSI societies
social ridicule and isolation, death, payback, spearing and insulting.
What are sanctions?
penalties or other means of enforcement used to provide encouragement for obedience with the law, rules and regulations.
Outline the extent to wish ATSI peoples customary laws . have been integrated into Australian law
Some statutes and courts make references to customary law where such is useful in identifying relationships or social expectations, circle sentencing is also used in some courts.
What does the dreamtime story tiddalick the frog teach you as a customary law?
that greed is frowned upon and affects others around you
identify a feature of customary sentencing
elders decide the sentence or it is informal
outline circle sentencing
it’s a less formal technique of sentencing as they sit in a circle and the magistrates are elders from the community
